On June 5, OFCCP released a new Corporate Scheduling Announcement List (CSAL) for construction contractors. The CSAL is the list of construction contractors selected for upcoming audits by the Agency. OFCCP last released a CSAL for construction contractors in 2021.
This CSAL comes on the heels of OFCCP’s Mega Construction Project Program launch and furthers former OFCCP Director Jenny Yang’s campaign to increase OFCCP’s oversight of construction contractor affirmative action compliance efforts.
OFCCP stated that the list includes “250 federal contractors, federally assisted contractors, and federally assisted subcontractors.” The Agency’s scheduling methodology explains that the CSAL was developed by first “downloading federal construction contracts valued over $10,000 from the USA spending database.” The U.S. Department of Transportation provided similar information to OFCCP related to federally assisted construction contracts. The list was then narrowed to those contractors with the highest aggregated contract values, with start dates prior to May 15, 2022, and end dates after May 15, 2025. Finally, OFCCP removed contractors currently under review in a monitoring period pursuant to a conciliation agreement or within the exemption period after a compliance evaluation.
OFCCP indicated that it would not schedule any compliance evaluations from this CSAL until the 2021 construction contractor CSAL has been exhausted.
As a reminder, the construction contractor affirmative action requirements differ significantly from those applicable to supply and service contractors. However, some construction contractors may be subject to both sets of requirements. This advance notice represents an excellent opportunity for contractors on the CSAL to ensure compliance with all applicable regulations and prepare for their impending audit.
We will continue to monitor developments in this area and provide updates as appropriate.